TikTok CEO Shou Zi Chew recently testified before Congress in a hearing ostensibly asking “How Congress Can Safeguard American Data Privacy and Protect Children from Online Harms.” In reality, the five-hour session more closely resembled Grandpa Simpson shaking his fist at clouds than a nuanced…
, to survive judicial scrutiny, the government must show that this ban furthers an important government interest unrelated to speech, and does not burden substantially more speech than necessary to achieve that interest. Assuming the first prong is met, there are almost certainly solutions to TikTok’s problems that do not involve suppressing millions of dance videos,But this does not mean the underlying concerns motivating these calls are meritless.
The US government is actively seeking to mitigate TikTok’s data security risks. For almost three years, the Committee on Foreign Investment in the United States has been negotiating with TikTok to limit China’s ability to access information on American users and improve its cybersecurity measures. This led TikTok to launch, centered on a US subsidiary, TikTok US Data Security Inc., that would control most American operations but report to CFIUS rather than ByteDance.
By and large, TikTok’s critics are not motivated by simple xenophobia. They recognize that China is rapidly becoming a geopolitical foe whose policies—from human rights abuses in Tibet to “reeducation” of the Uyghurs to the brutal crackdown on Hong Kong democracy—are often at odds with basic American principles. It’s reasonable to fear that China might use its window into half of America’s devices to gain an upper hand in that geopolitical struggle.
But solutions should focus narrowly on mitigating that risk. Ham-handed bans jeopardize not just the simple pleasures of millions of TikTok users, but core free speech values as well.blog and is reprinted with kind permission from the American Enterprise Institute
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